BINU GEORGE Vs. BABY HENDRY

JUDGEMENT

(1.) THE plaintiff in O.S.No.816 of 2008 on the file of the Court of the Munsiff of Ernakulam, challenges the order dated 7th December, 2010 in I.A.No.3798 of 2010 by which the court below remitted the Commissioner's report and plan to the same Commissioner with a direction to measure the property with the help of the Taluk Surveyor.

(2.) ORIGINALLY a Commissioner was appointed on the application made by the plaintiff. The Commissioner's report was remitted by the order dated 10.2.2010 with certain directions. The Commissioner inspected the property again with the help of a private surveyor and submitted the report and plans. The defendant filed I.A.No.3798 of 2010 to set aside the report and plans. Evidence was taken in the application. The Surveyor was also examined. The court below found, by the order impugned, that the Commissioner failed to comply with the directions issued in the order dated 10.2.2010. The report and plans and the evidence of the Surveyor were meticulously considered by the court below, and the aforesaid conclusion was arrived at. The court below also found that there is no ground to set aside the Commissioner's report. However, the court below thought that to get a plan and report which would enable the court to completely and finally adjudicate upon the dispute involved in the case, remittal of the Commissioner's report and plan is necessary.